Timescales governing an Annual Review of a Child's or Young Person's Education, Health and Care Plan ("EHCP")

Contrary to myths in the special educational needs world and much misinformation rife amongst Local Authorities, there are strict deadlines governing the process of an Annual Review. 

If a Child or Young Person has the benefit of an EHCP, the Responsible Local Authority must review the EHCP as a minimum of twelve months from first creation, reviewed 12 months thereafter following each subsequent review. There are also specific deadlines governing when an Annual Review should be held and concluded if your child is within 12 months of a transfer between phases of education, please see our other blogs linked here. You may also ask for an Emergency Annual Review in certain scenarios. 

Annual Review meetings do not only serve as a legal requirement, but they are purpose-built for those educating a Child or a Young Person (to include any professionals involved in this regard) to convene to ascertain the effectiveness of provision in the EHCP, to gauge any subsequent progress or lack thereof. Annual Review meetings are an important yearly process which must take place, even if the child is Educated Otherwise Than In School, or unable to attend for a period of time such as illness. An Annual Review is the forum in which to seek amendments to the  EHCP, which can include a change of school, adding or removing a description of special educational need(s) and increasing or decreasing provision. They are a very useful mechanism for one to utilise for these reasons.

Case-law has clarified the proper interpretation of the legislative deadlines that apply subsequent to an Annual Review meeting, meaning there is no room for misinterpretation of the legislation. A notable point is that timescales cannot differ between Local Authorities. Within four weeks of the Annual Review, the Responsible

Local Authority must provide you with its decision. The decision will be one of three options:

1.    To maintain the EHCP without amendment;
2.    To amend the EHCP;
3.    To Cease to Maintain the EHCP.

Option 2: If your Local Authority decides to amend the EHCP, it must furnish you with this decision plus the Draft Amended EHCP at the four week point. Amendment of the EHCP must be completed within 8 weeks of the decision to amend, with a Final EHCP issued by this deadline. This process totals up to 12 weeks from the Annual Review, with a Final EHCP issued by no later than the 12 week point.

You should be provided with your right of appeal at the four week point for Options 1 or 3, meaning you may challenge any decision you are unhappy with via the Special Educational Needs Tribunal for England. Equally, upon receipt of the Final EHCP at the conclusion of the amendment process for Option 2, you should also obtain a right of appeal.

Unfortunately, it is not uncommon for the deadlines and their respective requirements not to be complied with by Local Authorities which adds to an already stressful and difficult process for families. Delays with the process at any stage only protracts it, which can be extremely frustrating if families have a preliminary view on a decision their Responsible Local Authority endeavours to make that they wish to challenge. It is worth reiterating the statutory language is indisputable, and unlawful decisions can be challenged through a Judicial Review Claim in the High Court or a complaint to the Local Authority and Local Government and Social Care Ombudsman. You cannot pursue a Judicial Review Claim and a complaint to the Local Government and Social Care Ombudsman, so we recommend seeking legal advice on which of these options would be appropriate in your case. Our specialist education team can assist with this.

If you have any queries regarding the Annual Review process, or are concerned your Responsible Local Authority is not adhering to the statutory timescales (or process generally), please contact our specialist education team on 0333 202 7175 or education@hcbgroup.com, we can help you take action and provide advice.